Overview

NOTICE OF NONDISCRIMINATION

As a recipient of federal financial assistance, University of Utah Health (“U of U Health”) does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, ethnicity, color, religion, national origin, age, disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or protected veterans status in employment, admission to, treatment, participation in, access to, or receipt of the services and benefits under any of its programs and activities, whether carried out by U of U Health directly or through a contractor or any other entity with which U of U Health arranges to carry out its programs and activities.

Pursuant to the Americans with Disabilities Act, as amended, and Sections 503 & 504 of the Rehabilitation Act of 1973, reasonable accommodations will be provided to qualified individuals with disabilities.  Reasonable notice to process an accommodation request may be required.  University policy prohibits retaliation against an individual for engaging in protected activities, such as filing a discrimination complaint, participating in a discrimination investigation process, or requesting a reasonable accommodation for a disability.

This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act, and the Regulations of the US Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, and 28 CFR Part 35.

The following individual has been designated as U of U Health’s Title IX/ADA/Section 504 Coordinator and grievances, questions, or complaints should be directed to:

Sherrie Hayashi, Director, 
Office of Equal Opportunity and Affirmative Action (“OEO/AA”)
University of Utah
201 South Presidents Circle, Rm 135
Salt Lake City, UT 84112
801-581-8365
801-585-5746 (Fax)
Relay Utah: 711 or toll-free 800-735-2258 or for Spanish Relay Utah 888-346-3162

Filing a complaint with U of U Health's Section Title IX/504/ADA Coordinator (or his/her designee) does not prevent the applicant, patient, or his/her companion from filing a complaint with the:

Office for Civil Rights, Region VIII
US Department of Health and Human Services
1961 Stout St., Rm 08-148
Denver, Colorado 80294
Voice Phone 303-844-2024
FAX 303-844-2025
TDD 303-844-3439

Office for Civil Rights, Denver Office
US Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 210
Denver, CO 80204-3582
Phone:  303-844-5695
FAX 303-844-4303
TDD 800-877-8339
Email: OCR.Denver@ed.gov

PATIENT DISCRIMINATION COMPLAINT PROCEDURE

PURPOSE AND SCOPE:

U of U Health is committed to providing and fostering an environment for its patients and visitors that is safe and free from prohibited discrimination and harassment. University policy prohibits discrimination and prohibits retaliation against individuals for engaging in protected activities, such as filing a discrimination complaint or participating in a discrimination investigation process.

PROCEDURE:

University Policy 1-012, University Non-discrimination Policy, applies to all members of the University community, including faculty, staff, students, patients, visitors, and participants in University programs or activities.

In the interest of providing consistent processes and procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act, the regulations of the US Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, and 28 CFR Part 35, and other federal regulations implementing these laws, complaints of discrimination brought by patients of U of U Health will be resolved pursuant to the following procedure*:

I

Filing A Complaint & Initial Review. A Complaint may be filed with the OEO/AA by any individual who believes they have been subjected to discrimination in violation of University Policy or the laws described above. A Complaint is timely if it is filed within 120 calendar days of the last alleged discriminatory act. A Complaint that is not timely or that fails to state a claim of discrimination may be dismissed by the Director of the OEO/AA after an initial review.

  • If a Complaint is dismissed on initial review, the Complainant may request administrative review of the dismissal by submitting a written request to the OEO/AA within five (5) calendar days of receipt of the notice of dismissal. The Director of U of U Health Customer Service, or designee, will review the dismissal and issue a final decision.

II

OEO/AA Investigation. If a Complaint is not dismissed on initial review, the OEO/AA will begin an investigation.

  • The OEO/AA shall interview the Complainant and the Respondent, and may interview any other person with relevant information. The OEO/AA may also review any relevant evidence, including documentary material.
  • The OEO/AA shall interview the Complainant and the Respondent, and may interview any other person with relevant information. The OEO/AA may also review any relevant evidence, including documentary material.
  • The Complainant and the Respondent may each be accompanied at any meetings or interviews with the OEO/AA or the University by an advisor of their choice, who may be an attorney. During the investigation, the advisor may only advise the Complainant or Respondent and may not actively participate. The Respondent shall be afforded a full opportunity to respond to the allegations contained in the Complaint. Any failure to respond or participate in an interview by the Respondent or a witness will not prevent the completion of the investigation. OEO/AA Consultants receive ongoing and regular training on investigating complaints of discrimination and the University’s process for resolving such complaints.
  • The OEO/AA will endeavor to complete the investigation within 60 calendar days of the filing of the Complaint. If an extension is necessary due to the complexity of the investigation, the severity or extent of the alleged conduct, school breaks, or other good cause, the Complainant and Respondent will be notified in writing of the status of the investigation.
  • At the conclusion of the investigation, the OEO/AA shall provide the Complainant and the Respondent with a draft of its findings (“OEO Draft”). Both parties shall have five (5) calendar days after receipt of the OEO Draft to submit written comments and any additional documents to the OEO/AA. If information from either party raises new issues or allegations, the OEO/AA may reinvestigate.
  • At the conclusion of the OEO/AA’s further investigation, if any, or at the conclusion of the 5-day period described in the paragraph above, the OEO/AA shall issue a final report of its findings (“OEO Report”) which shall include: (a) a determination of whether the evidence, evaluated under a Preponderance of the Evidence standard, supports a finding that a violation of University non-discrimination policy occurred; and (b) any mitigating or aggravating factors. The OEO/AA shall provide a copy of the OEO Report to the Complainant and the Respondent and notify both parties of their rights based upon the issuance of the OEO Report.
  • If the OEO Report supports a finding that a violation of University non-discrimination policy occurred and the Respondent is a student, staff, or faculty member, sections III(B)–(I) of University Rule R1-012A, or sections III(B)–(L) of University Rule 1-012B if the complaint involves allegations of Sexual Misconduct, shall apply.
  • If the OEO Report supports a finding that a violation of University non-discrimination policy occurred but the Respondent is not a student, staff, or faculty member, or if the OEO Report does not support a finding that a violation of University non-discrimination policy occurred:
  • Appeal: The Complainant and/or the Respondent may request an administrative appeal of the finding contained in the OEO Report to the Grievance Committee described in the UUHC Patient/Family Grievance & Complaint Guideline by submitting a written request to the OEO/AA within five (5) calendar days of receipt of the OEO Report.
    • Final Decision. The Grievance Committee, or designee, will issue a written decision on the appeal within thirty (30) calendar days after receipt of the notice of appeal. The decision of the Grievance Committee (or designee) is final.
    • To protect the confidentiality of witnesses and all parties involved, and pursuant to FERPA and other state and federal privacy laws, names and other personally identifiable information may be redacted from the copies of the OEO Report that are provided to the Complainant and Respondent.

* Although University Rule 1-012, Discrimination Complaint Rule, excludes allegations of discrimination raised by patients of University of Utah health care providers/facilities from its scope, U of U Health has designated portions of Rule 1-012 and its supplemental Rules and Procedure, including definitions, as applicable to patient complaints of discrimination.